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Home My WebLink About[06a] Interim Use Permit - Adam Lommel/Jillian DonabauerCITY OF h'7: JOSK YH City Council Agenda 6(a) MEETING DATE: March 18, 2010 AGENDA ITEM: Planning Matters a) Interim Use Permit —Adam Lommel /Julian Donabauer SUBMITTED BY: Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission conducted the public hearing on March 1, 2010 to consider the issuance of an Interim Use Permit for Adam Lommel and Julian Donabauer. After considerable discussion the Planning Commission recommended approval of the Interim Use Permit with stipulations. For your convenience the draft minutes have been attached. BACKGROUND INFORMATION: The day of the Planning Commission meeting the neighborhood submitted a petition which has been included. The City Attorney will be present at the meeting. ATTACHMENTS Request for Council Action Draft City Council Findings .................. ............................... ............ 1-4 Draft Planning Commission Minutes — March 1, 2010 ......................... 5 -9 Neighborhood Petition .............................................. ............................... 10-12 Request for Planning Commission Consideration . ............................... 13 -14 PublicHearing Notice ................................................ ............................... 15 Draft Resolution of Findings .................................... ............................... 16 -19 Application.................................................................. ............................... 20-21 Affidavit of Residency — Lommel / Donabauer ..................................... 22 -23 2010 [02] Feb 17 Letter re: Donabauer Affidavit of Residency .......... 24 Proof of Ownership [Doc 1307807] ........................ ............................... 25 -27 Proof of Ownership [Doc 1307808] ......................... ............................... 28 -29 VicinityMap ............................................................... ............................... 30 2008 [32] Dec 21 Police ICR 08802374 .................. ............................... 31 2009 [01] Jan 21 Police ICR 09800099 ................... ............................... 32 -35 2009 [08] Aug 01 Police ICR 09801401 .................. ............................... 36 -37 2009 [08] Aug 02 Police ICR 09801406 .................. ............................... 38-40 2009 [08] Aug 02 Police ICR 09801407 .................. ............................... 41-46 2009 [08] Oct 29 Police ICR 09802020 ................... ............................... 47 -52 2009 [12] Dec 28 Weyrens letter re: Interim Use Application ........... 53 2010 [01] Jan 20 Police ICR 10800053 ................... ............................... 54 -62 2010 [02] Feb 08 Police ICR 10800216 ................... ............................... 63 REQUESTED COUNCIL ACTION: The Council can either accept the recommendation of the Planning Commission as presented or modify or it can be denied. If denied the Council must provide reasons for the denial. City of St. Joseph IN RE: Application of Adam Lomme0illian Donabouer Interim Use Permit at 132 — 8`h Avenue SE FINDINGS OF FACT AND DECISION Owner Occupied Rental — Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5 FINDINGS OF FACT On March 1, 2010 the St. Joseph Planning Commission conducted a public hearing to consider the application of Adam Lommel for an Interim Use Permit to allow an owner occupied rental unit at 132-8 1h Avenue SE. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. The Planning Commission by a motion of 5:2 recommended the City Council issuance an Inteirm use Permit to Adam Lommel to secure a rental license. The recommendation is based on the following findings of facts: 1. In response to citizen concern in 2000, the City reviewed the Zoning Ordinance as it relates to rental property and zoning classifications. The purpose of the review was to find a manner in which to effectively blend housing types within the R1 Zoning District. As a result of the review the City adopted an amendment to Ordinance 52.27 allowing rental units in the R1 Zoning District only if the property owner resides at the property. The Ordinance was adopted by the City Council on September 21, 2000. 2. In 2007 the City again reviewed the rental provisions in the Single Family residential zoning district. While the Ordinance was amended in 2000, the blending of rental and owner occupied property appeared to need re- defining. On September 20, 2007 the City Council imposed a moratorium on rental housing for 90 days to give the Planning Commission an opportunity to review the owner occupied provision in the R1 Single Family Zoning District. 3. On February 21, 2008 the City Council accepted the recommendation of the Planning Commission amending the provisions in section 52.27 of the St. Joseph Code of Ordinances. The amendment restricted the number of owners for the purpose of owner occupied rental and included language that all owners must reside at the property as their principal residence. 4. St. Joseph Ordinance 52.04.3l .a defines a family as A family is any number of persons living together in a room or rooms comprised of a single housekeeping unit and related by blood, marriage, adoption, or any unrelated person who resides therein as though a member of the family. Any group of three persons not so related but inhabiting a single house shall, for the purposes of this Ordinance, be considered to constitute one family 5. On January 21, 2009 St. Joseph Police Department suspect that the property at 132 —8' Avenue SE is operating as a rental unit. Property owner Adam Lommel admits he has four 6a:1 persons other than himself residing at said address. After questioning by the Police Department Lommel admits that the persons living with him are paying rent. Police advise Lommel of the rental license process and instruct him to contact the City Offices. [STJP ICR 09800099] 6. On August 2, 2009 St. Joseph Police Department is called to a noise complaint at 132 — 8`h Avenue SE. The property owner was not present and the police confront the persons residing at the home. [STJP ICR 09801407] 7. On August 3, 2009 St. Joseph Police Department met with the complainant from August 2, 2009. Complainant expresses concern with garbage strewn throughout the neighborhood from tenants of the subject property and on the subject property. Garbage includes plastic cups, in yards and on vehicles, broken glass and alcohol bottles. [STJP ICR 09801407] 8. On August 3, 2009 St. Joseph Police Department has contact with the property owner regarding the complaint from the prior night. The property owner apologizes for his tenants and offers to apologize if that is necessary. [STJP ICR 09801407] 9. On August 14, 2009 Adam Lommel is cited for violation of St. Joseph Code of Ordinances 52.27.5 renting without an Interim Use Permit. [Citation Number 14891 10. On October 29, 2009 St. Joseph Police Department follow -up on August 14 citation visiting the above - referenced address. The property owner is not home at the time of the visit and the Officer confirms that the person answering the door is a tenant. [STJP ICR 09802020] 11. On November 10, 2009 St. Joseph Police Department issues a State Citation for violating St. Joseph Code of Ordinances 52.27.5. Mandatory court date was set for November 17, 2009. [ST4999439] Plead not guilty and pre -trial hearing has been set for May 2010. 12. On December 17, 2009 St. Joseph City Offices receives an application for Adam Lommel for an Interim Use Permit. 13. On December 28, 2009 City Offices send notice to Lommel that his application for Interim Use Permit cannot be considered. The governing Ordinance requires all owners reside at the property as their primary residence and the owners may not exceed two in number. The application submitted includes three property owners and only one resides at the aforementioned address. 14. On January 10, 2010 St. Joseph Police Department follows up on rental status and is informed by the City Offices that the property remains out of compliance. St. Joseph Police Department issue a second State Citation with a mandatory court date set for January 26, 2010. [ST4999439] [STJP ICR 10800053] 15. On February 3, 2010 City Offices receives a revised application for an Interim Use Permit for the aforementioned property. Ownership of the property has been deeded to Adam Lommel and Jillian Donabauer. Application is processed and hearing established for March 1, 2010. 6a:2 16. On February 8, 2010 St. Joseph Police Department called to a snow complaint. Tenants from the subject property moved snow from their property to neighboring property blocking mail box. [STJP ICR 10800216] DECISION AND CONCLUSION Based on the Finding of Fact, the St. Joseph Planning Commission recommends approval of the Interim Use Permit with the following conditions: 1. St. Joseph Code of Ordinances 52.27 Subd. 5 provide property owners in a R1 Single Family Zoning district to seek an Interim Use Permit to allow tenants to help defray costs. Said provision requires all owners of the property to reside at the house and limits the number of tenants to three unrelated persons as defined in Ordinance 52.04.31.1. 2. The City has been working with the property owner at 132 — 81h Avenue SE to bring the property into compliance with the Ordinance. 3. Granting of an Interim Use Permit is a privilege that is granted by the City and reviewed annually for Ordinance Compliance and are therefore issued with contingencies. Based on the history of the property and complaints within the neighborhood of the subject property, the Interim Use is being recommended with the following conditions: The property owner will complete the license process with 15 days of Council approval of the Interim Use Permit at which time the property shall be in full compliance with the St. Joseph Code of Ordinances, including the maximum density. b. Within 15 days of Council approval the second property owner, Jillian Donabauer shall complete and submit an affidavit of residency to complete the Interim Use Permit process. c. The property owner will manage the property in compliance with the St. Joseph Code of Ordinances and all applicable MN State Statutes including but not limited to: I. Noise violations ii. Liquor violations iii. Blocking mailboxes iv. General disposing of garbage /personal property on adjoining property v. Blocking mail boxes or ingress /egress to adjoining property d. The Interim Use Permit shall expire on August 14, 2010. The Planning Commission will review the Interim Use Permit at their regular meeting in August and if the property continues to operate contrary to the Ordinance, the license shall be revoked. At that time the City will use all legal remedies available including seeking injunctive relief. After the initial review of the Interim Use Permit in August 2010 the permit shall be review annually as are all other Interim Use Permits. 6a:3 f. The Interim use Permit shall expire upon transfer of property. 4. If Lommel does not meet the conditions set forth in paragraph three, the City will revoke the rental license and seek injunctive relief in removing all tenants. Additionally, Lommel will assist the City vacating the property and indemnify the City for any and ail fees associated with the injunction. Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning Commission, the request for Interim Use is approved. Dated this day of 2010 CITY OF ST. JOSEPH By Alan Rassier, Mary By Judy Weyrens, Administrator 6a:4 Extract of Planning Commission Minutes March 1, 2010 Adam Lommel - Interim Use Permit Public Hearino, Interim Use Permit - Adam Lommel 132 8`h Avenue SE: Kalinowski opened the Public Hearing and stated that the purpose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental at 132 8'h Avenue SE. The property is legally described as Lot 1, Block 5, Cloverdale Estates 2nd Addition. St, Joseph Code of Ordinances 52.27 subd 5 allows for an Interim Use Permit as follows: Residential rental provided the unit is owner occupied and provided the room(s) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person, and all owners must occupy the property as their principal residence. The owners may not exceed two in number. For purposes of determining ownership, the owner /owners must provide a copy of a recorded deed or recorded contract for deed. A purchase agreement will not be accepted as evidence of ownership. The request for Interim Use was submitted by Adam Lommel and Jillian Donabauer. Adam Lommel, 132 8"' Avenue SE, approached the podium and stated that he was unsure of the City Ordinances in place when he purchased his home and was unaware that a rental license was required and is now trying to correct the problem by applying for an Interim Use Permit. He advised Weyrens that he has the affidavit of residency for Ms. Donabauer. She advised Lommel that it must be notarized that that could be done at City Hall. Jessica Popp, 129 80 Avenue SE, approached the Commissioners on behalf of the neighborhood. She stated that she lives directly across from Lommel. She stated that, over the weekend, she, along with another neighbor, gathered a petition to recommend the Planning Commission deny the proposed Interim Use Permit. In speaking with the neighbors, she stated that their main concerns include traffic, noise, alcohol, garbage being scattered in their yards as well as the parries that occur at the residence. She added that the property being discussed is part of a residential neighborhood with many young families and elderly residents. Popp stated that she has no problem with the granting of Interim Use Permits to allow people to get help with their mortgages; however, the behaviors of this house are unacceptable. Their behaviors are affecting the entire neighborhood and it is disrespectful and uncalled for. She stated that there are plenty of rental properties a few blocks over. Popp added that they purchased a home in this area because they wanted a quiet neighborhood. Currently, due to the amount of traffic, this area is not a safe place for children to be outside. Popp also stated that, on several occasions, she has missed mail service due to his tenants being parked in front of her mailbox. These residents have total disrespect for the neighbors' property and they will not tolerate any more of that activity. Popp stated that they, the residents, will call the police if it continues. The public hearing was closed at 7:10PM. McDonald questioned Lommel about the St. Joseph Incident Report dated Jan 21, 2009 which states that the police talked to him about this being a violation of the City's rental policy. Lommel agreed that he was informed; however, he stated that he was under the impression that violation of the rental ordinance only applied if he was to receive compensation from his tenants. At that point, he was not receiving any compensation. Wick questioned Lommel as to the number residing in the home. Lommel stated that there are 2 tenants living in the home with him. Kalinowski questioned whether or not he is being paid for any utilities to which Lommel stated he is not. Wick again asked for clarification as to the number residing in the home. Lommel stated that there are 4 including Jillian Donabauer and himself. McDonald stated his concern with how the application was completed as each question was answered as "I won't be changing anything ". He stated that he spoke with some of the neighbors and he does not feel that this kind of attitude should come before this body and he added that it certainly slims down his chance for getting a rental license. Lommel advised the Commissioners that he is not aware of any other 6a:5 Extract of Planning Commission Minutes March 1, 2010 Adam Lommel - Interim Use Permit violations other than the rental violations. Deutz questioned the incident that occurred on Aug 02, 2009. Lommel stated that he was not notified of any violation. Deutz also questioned the incident that occurred on Aug 03, 2009 to which Lommel replied that he has spoken with the Police Officers several times, but no violations were issued. McDonald stated that he assumed that his renters would have advised him of the numerous violations that have occurred at the residence and advised him that, as the property owner, he is responsible to which Lommel replied "I understand ". McDonald then questioned Lommel as to why he is pleading not guilty to "renting without a license ". Lommel replied that he plead not guilty as he is currently trying to correct the situation. Orcutt questioned him about the conversation he had with the Police Officer on Jan 21, 2009 in which a tenant did admit to paying him rent. Lommel replied that his tenants were paying him rent until he was advised that he was in violation of the Ordinance. After being advised that he was in violation, he no longer collected rent from his tenants as he believed that he was okay to have tenants as long as their were not giving him any compensation. It was stated that the 3`" violation was received while the 2 was still in court. Rieke spoke to Jovanovich and questioned him as to his position on this matter. Jovanovich stated that he understands the frustrations of the residents and the City staff. He stated that he would like pages 5:5- 5:47 to be included in the record for this issue. Having reviewed the information relating to this issue, he is aware that, although he has denied having renters, there have been renters in the home since Jan 2009 and they have admitted it to the police. In his opinion, it is hard to tolerate the blatant disregard for the law. After reading all of the police reports relating to this issue, this has created a nuisance and is unacceptable. As a result, Jovanovich stated that he can understand why the Commissioners may choose to deny the request for a rental license. On the other hand, Jovanovich stated that the City would then need to seek an injunction to have the tenants removed from the home. Jovanovich advised the Commissioners that they have two options: 1. Deny the license based on consistent refusal to come in and obtain the appropriate license and the past conduct of the home. 2. Grant the license with strict conditions and if any of those are violated, the license would be revoked and the tenants would be removed. He advised the Commissioners that this option would give them more leverage in court. Deutz questioned Jovanovich as to the bottom line. If the City were to either approve or deny, the City may need to get an injunction to have the tenants removed. Jovanovich replied that if there are anymore violations, he agreed, Lommel would then lose his rental license and the tenants would be removed. He would then be responsible for any additional legal costs associated with the process. As stated earlier, the other option would be to deny the request; however, that would be more difficult to enforce. On Jan 13, 2010, Lommel once again had a conversation with the Police Department in which he was questioned as to whether or not he had a plan in place to come into compliance of the City Ordinance. Lommel responded that "he did not plan on doing it stating it was "in court". Based on that attitude, McDonald questioned whether or not he deserves a rental license as he obviously does not care about the City's Ordinances by his actions or those of his renters. McDonald added that, based on written documentation, Lommel s not telling the whole story. He stated that having a rental license is a privilege, not a right. According to McDonald, it seems as though he wants to go to court. He was advised that he is going to court because he had to. Wick then questioned the status of the court dates. Jovanovich stated that he plead "not guilty" to one of the violations and, since then, has been issued another violation as he was still not in compliance. The fact is that, although he was not in compliance at that time, he is now asking for a rental license. Deutz questioned Weyrens as to whether or not the City has enough information to approve the rental license for Lommel. Weyrens stated that they were missing the affidavit of residency for Jillian Donabauer, but she advised the Commissioners that it was okay to approve it as long as the form is 6a:6 Extract of Planning Commission Minutes March 1, 2010 Adam Lommel — Interim Use Permit presented to the City prior to Council approval. Wick questioned Jovanovich as to which is the best way to go about this. Jovanovich replied that the most efficient would be to put some very strict conditions on the Interim Use Permit. Lommel's father was present at the meeting and Jovanovich gave him the opportunity to speak to the Commission. According to Mr. Lommel, it seems as though the City is trying to work against him. He stated that his son is a college student trying to stay in his home and he cannot afford it on his own. It seems as though there have been some strict stipulations being placed on this property that are above and beyond what anyone else would have. Jovanovich stated that he disagreed with those statements as there was evidence that his son knew he was in violation last year. He added that there was a handful of evidence that he was renting at that time, there were times when he was dishonest with the Police and there have been numerous calls about parties, parking, snow removal, garbage and debris. According to Jovanovich, people do not need to put up with this. He added that he is suggesting that the City give him another chance and the conduct would need to be cleaned up dramatically. Jovanovich advised Lommel that if he is not willing to take on that responsibility, then he should plan to sell the house. He will need to make a commitment that the conduct will change significantly - right away. Speaking to Mr: Lommel, Jovanovich stated that "if you don't think that is reasonable, that's fine, but those will be the rules of the game ". In response, Wick stated that, in the past, there have been some serious discussions when it came to the renewal period as to whether or not they should renew certain licenses due to citations issued for lawns not being mowed or snow not being shoveled. With over 40 pages of police reports, Lommel was questioned as to whether or not the past history is going to change. Mr. Lommel responded that his son agrees with you and by being there, he is showing that he is willing to make that change. Mr. Lommel then began stating some of his concerns about the neighbors at which time Kalinowski advised him that the Public Hearing was closed. According to Meyer, this is exactly why the City has an Ordinance in place - because there were problems in the past with party houses. He added that Lommel knew about the Ordinance and chose to ignore it. Meyer advised Lommel that the Interim Use Permits are renewed annually and can be denied in August if things are not cleaned up, that gives him 6 months to clean up his act. Lommel replied that he did not ignore the Ordinance; rather he stated that he thought it was okay to have people living with him if he was not receiving any compensation. McDonald clarified that no one paid him rent last month to which Lommel stated they did not. Meyer questioned Weyrens as to whether all outstanding citations have been taken care of to which Weyrens advised the Commissioners that there is one still pending in court for renting without a license. She stated that the Commissions could issue the license with an expiration date of August 14. Wick questioned Jovanovich to how this process will be handled from a legal perspective. If this issue goes to court in May and the request for Interim Use is denied, he questioned whether the court could then dictate that the city issue such and if so, could that be without stipulations. Jovanovich replied that if the City were to deny the application, he would need to get the tenants out. This would result in the City needing to bring a civil suit against him. To be more expedient, Jovanovich stated that they may choose to grant the Interim Use Permit with conditions and if those conditions are not met, the license would be pulled. In that case, if there are not violations, things are fine. If there are violations; however, then the City would have enough evidence against him. Jovanovich suggested that the Findings of Fact and Decision be amended as follows: 3(c): The property owner will manage the property in compliance with the St. Joseph Code of Ordinances and Minnesota Statutes. If the property owner does not comply with state law or St. Joseph Code or Ordinances including or not limited to: • Leaving garbage on the streets • Plowing snow on other driveways • Leaving alcohol or clothing on adjoining properties • Noise violations 60 Extract of Planning Commission Minutes March 1, 2010 Adam Lommel - Interim Use Permit Then, the City would have the right to cancel or revoke their license. Jovanovich stated that Lommel would need to agree to abide by those stipulations. Weyrens added the parking in front of others' mailboxes would need to be added as well. Deutz made a motion to table this issue until the court process is complete. The motion was seconded by Meyer. Discussion: Jovanovich suggested that there be two options: 1. Deny the Interim Use Permit for a number of reasons. 2. Grant the Interim Use Permit wish specific conditions. Deutz clarified that if the issue is tabled, the City could issue other citations; however, it would not change the living conditions at this time. He stated that, in the past, Lommel has shown that he doesn't want to work with the City. Jovanovich restated that it would be best for the Commissioners to either approve or deny the request. Wick stated that by tabling the request, he feels that it is condoning the actions. He added that the court actions have nothing to do with the City accepting or denying the request. Deutz stated that he would like to give the opportunity to fix the problems prior to issuing a license. Orcutt, on the other hand, stated it would be best to issue the license and if there are violations, it can be pulled. He added that he needs to change the behaviors in the home and if there are any issues, it's over. According to McDonald, he sees no reason to approve the request as this is not creating an economic hardship to Lommel. Ayes: Deutz Nays: Kalinowski, Wick, Meyer, McDonald, Rieke, Orcutt Motion Carried 1:6 Meyer asked for clarification on the removal of the tenants. He questioned if the City does not grant the license, it would be the City's cost to get the tenants out. However, if the license is granted, it is their cost to remove the tenants if the license is revoked. Jovanovich stated that a clause will be added to the findings which states that he will agree to remove the tenants if the license is revoked or he will be responsible for costs associated with removing the tenants. He restated that he would lean towards approving the request with conditions as it is best for the court. Deutz questioned whether this is setting precedence for granting others a rental license. McDonald made a motion to recommend denial of the request for Interim use based on the fact that it does not create an economic hardship. The motion was seconded by Deutz. Discussion: McDonald stated that he agrees with Deutz and he doesn't want to set precedence. For the record, Lommel stated that he does need to have a rental license for economic reasons. He has used all of his money for school to pay the bills once he stopped collecting rent. If he cannot sell the home, it will most likely be foreclosed upon as he only has about 1 month left in savings. Rieke suggested that the City Attorney review the stipulations to determine whether or not that is an avenue which Lommel would want to take. Lommel replied that he is embarrassed that there are this many pages on file about him and he understands that the people living in his home are his responsibility. Ayes: Deutz, McDonald Nays: Kalinowski, Wick, Meyer, Rieke, Orcutt Motion Fails 2 *0 Meyer made a motion to recommend approval of the Interim Use Permit based upon the stipulations of city staff and the city attorney and approval of the property owner. The motion was seconded by Rieke. Discussion: The questioned was asked of Lommel as to whether or not he was clear as to what the Commissioners have discussed. They also asked Lommel for a verbal go ahead that he is willing to take on this responsibility. Lommel stated that he has one concern and that is the fact 6a:8 Extract of Planning Commission Minutes March 1, 2010 Adam Lommel — Interim Use Permit that it is apparent that he is not liked in the neighborhood. He is concerned that he may be set up by the neighbors. McDonald stated that other than having specific stipulations and being responsible for any additional court costs, there is nothing else expected from him than would be required from other residents in the City. The stipulations are being added as a result of past actions of the people living in the house. Jovanovich stated that he will need to update the findings as follows: 3(c): The property owner will manage the property in compliance with the St. Joseph Code of Ordinances and Minnesota Statutes. If the property owner does not comply with state law or St. Joseph Code or Ordinances including or not limited to: • Noise violations • Liquor violations • Blocking mailboxes • General disposing of garbage /personal property on adjoining property • Blocking mail boxes or ingress/egress to adjoining property Then, the City would have the right to revoke the license. If the license is revoked, Lommel agrees to evict any tenants and fully comply with St. Joseph housing Ordinances. If he does not evict the tenants or comply with the St. Joseph housing Ordinances and the City has to enforce the same, he agrees to indemnify the City for its attorney fees in evicting the tenants. Ayes: Kalinowski, Wick, Meyer, Rieke, Orcutt Nays: Deutz, McDonald Motion Carried 4:2:0 6a:9 Q D a o w N CL- i Q � Ad d E L Im O O IL a 0 a Lp I.; r Oki ld r: as ei B 4 3� m 0 n I V V v u� m 0 �4 q $ . . %� � \ 2 w/ � / � \ � \ : / � \ _ �, � \ � / % \ � \ � t \ � � � \ � \ % `� / \ j �� , \j � � } � / � y �} . ,- � \ ! %� .� � �� \ \ 2 \\ . ® �� , � \ . /\ . � . � \�\ � � � MY vF sT. JO%KPH Planning Commission Agenda Item 5 MEETING DATE: March 1, 2010 AGENDA ITEM: Public Hearing, Interim Use Permit — Owner Occupied Rental Adam Lommel /Jillian Donabauer 132 — 8"' Avenue SE SUBMITTED BY: Administration PREVIOUS PLANNING COMMISSION ACTION: None BACKGROUND INFORMATION: The City Office was made aware of a potential rental at 132 — 8'h Avenue by the St. Joseph Police Department in August 2009. The Police Department informed the property owner of the requirements of the Ordinance and he was told to go to the City Office to discuss the requirements. Mr. Lommel did come to the office in Sept/Oct and was provided the information and he stated he would bring the information back. We never received the information and the police department started issuing a citation. As you can see from the information included in this packet the police department has had considerable contact with this property. As names of complainants are confidential they have been removed from the police reports. Due to the complexities of this matter the City Attorney will be present at the Planning Commission meeting. Included in your packet is a draft finding of fact recommending approval of the Interim Use Permit. In discussing the matter with the City Attorney, the applicant meets the requirements for obtaining an Interim Use Permit and the City would be in a better position to issue the permit and place contingencies for revocation in the recommendation. Based on the past history, the recommendation only grants an Interim Use Permit until the rental license expires on August 14. The Planning Commission would review the permit at the regular meeting in August and after the initial review it would follow the format of the other IUP. The Findings of Fact include a synopsis of the problems and attempts to license the property. 6a:13 ATTACHMENTS Request for Planning Commission Consideration ............................. 5:1 -2 Public Hearing Notice ............................................... ............................... 5:3 Draft Resolution of Findings .................................. ............................... 5:4 Application................................................................ ............................... 5:5 -6 Affidavit of Residency — Lommell .......................... ............................... 5:7 2010 [02] Feb 17 Letter re: Donabauer Affidavit of Residency ........ 5:8 Proof of Ownership [Doc 13078071 ...................... ............................... 5:9 -11 Proof of Ownership [Doc 1307808) ....................... ............................... 5:12 -13 VicinityMap .............................................................. ............................... 5:14 2008 [12) Dec 21 Police ICR 08802374 ................. ............................... 5:15 2009 [01) Jan 21 Police ICR 09800099 .................. ............................... 5:16 -19 2009 [08] Aug 01 Police ICR 09801401 ................. ............................... 5:20 -21 2009 [08] Aug 02 Police ICR 09801406 ................. ............................... 5:22 -23 2009 [08] Aug 02 Police ICR 09801407 ................. ............................... 5:24 -29 2009 [08) Oct 29 Police ICR 09802020 ................. ............................... 5:30 -36 2009 [12] Dec 28 Weyrens letter re: Interim Use Application ........... 5:37 2010 [01) Jan 10 Police ICR 10800053 ................... ............................... 5:38 -46 2010 [02) Feb 08 Police ICR 10800216 ................... ............................... 5:47 REQUESTED PLANNING COMMISSION ACTION: Review the draft Findings of Fact recommending approval /denial of the Interim Use Permit. 6a:14 JV".� %�' W W W. cityof stjoseph.com CITY OF ST. JOSEPH Public Hearing City of St. Joseph Administrator The St. Joseph Planning Commission shall conduct a public hearing on Monday, March 1, Judy Weyrens 2010 at 7:00 PM. The purpose of the hearing is to consider an Interim Use permit to allow an owner occupied rental at 132 a Avenue SE. The property is legally described as Lot 1, Block 5, Cloverdale Estates 2nd Addition. Mayor St. Joseph Code of Ordinances 52.27 subd. 5 allows for an Interim Use Permit as follows: AI Rassier Residential rental provided the unit is owner occupied and provided the room(s) rented does not contain separate kitchen facilities and is not intended for use as an independent Councilors residence. For purposes of establishing if the property is owner occupied, the owner must be Steve Frank a natural person, and all owners must occupy the property as their principal residence. The owners may not exceed two in number. For purposes of determining ownership, the Bob Loso owner /owners must provide a copy of a recorded deed or recorded contract for deed. A Renee Symanietz purchase agreement will not be accepted as evidence of ownership. Dale Wick Adam A Lommel and Jillian B. Donabauer, 132 8th Avenue SE, St. Joseph, MN 56374 have submitted the request for Interim Use. Judy Weyrens Administrator Publish: February 19, 2010 t 118 119 1,10 115 1 ( 116 i18 j 122 119 1 a m 120 123 126 123 124 127 t 138 12'7 128 131 132 128 132 -; SOWER S7 E _... BAKER ST £ i 870 c 202 TOa 712 BOA 207 X208 21a 711 717 805 210 C-- s't t CA,—,-AWAY S7 E 1- 'AaAW.0 1 132-8 Avenue SE I 6a:15 zs College Avenue North . PO Box 668 . Saint Joseph, Minnesota s 6 3 7 4 Phone 3z0.363.7z01 Fax 3zo.363.034Z City of St. Joseph IN RE: Application of Adam Lommel/Jillian Donabouer Interim Use Permit at 132 — 8th Avenue SE FINDINGS OF FACT AND DECISION Owner Occupied Rental — Maximum Density as defined by St. Joseph Code of Ordinances 52.27.5 FINDINGS OF FACT On March 1, 2010 the St. Joseph Planning Commission conducted a public hearing to consider the application of Adam Lommel for an Interim Use Permit to allow an owner occupied rental unit at 132 — 8h Avenue SE. The matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. The Planning Commission hereby finds the following facts as it relates to the request of Adam Lommel for an Interim Use Permit to secure a rental license. In response to citizen concern in 2000, the City reviewed the Zoning Ordinance as it relates to rental property and zoning classifications. The purpose of the review was to find a manner in which to effectively blend housing types within the R1 Zoning District. As a result of the review the City adopted an amendment to Ordinance 52.27 allowing rental units in the R1 Zoning District only if the property owner resides at the property. The Ordinance was adopted by the City Council on September 21, 2000. 2. In 2007 the City again reviewed the rental provisions in the Single Family residential zoning district. While the Ordinance was amended in 2000, the blending of rental and owner occupied property appeared to need re- defining. On September 20, 2007 the City Council imposed a moratorium on rental housing for 90 days to give the Planning Commission an opportunity to review the owner occupied provision in the RI Single Family Zoning District. 3. On February 21, 2008 the City Council accepted the recommendation of the Planning Commission amending the provisions in section 52.27 of the St. Joseph Code of Ordinances. The amendment restricted the number of owners for the purpose of owner occupied rental and included language that all owners must reside at the property as their principal residence. 4. St. Joseph Ordinance 52.04.31.a defines a family as A family is any number of persons living together in a room or rooms comprised of a single housekeeping unit and related by blood, marriage, adoption, or any unrelated person who resides therein as though a member of the family. Any group of three persons not so related but inhabiting a single house shall, for the purposes of this Ordinance, be considered to constitute one family 5. On January 21, 2009 St. Joseph Police Department suspect that the property at 132 — 8`h Avenue SE is operating as a rental unit. Property owner Adam Lommel admits he has four persons other than himself residing at said address. After questioning by the Police 6a:16 Department Lommel admits that the persons living with him are paying rent. Police advise Lommel of the rental license process and instruct him to contact the City Offices. [STJP ICR 098000991 6. On August 2, 2009 St. Joseph Police Department is called to a noise complaint at 132 —81' Avenue SE. The property owner was not present and the police confront the persons residing at the home. [STJP ICR 09801407] 7. On August 3, 2009 St. Joseph Police Department met with the complainant from August 2, 2009. Complainant expresses concern with garbage strewn throughout the neighborhood from tenant of the subject property and on the subject property. Garbage includes plastic cups, in yards and on vehicles, broken glass and alcohol bottles. [STJP ICR 09801407] S. On August 3, 2009 St. Joseph Police Department has contact with the property owner regarding the complaint from the prior night. The property owner apologizes for his tenants and offers to apologize if that is necessary. [STJP ICR 09801407] 9. On August 14, 2009 Adam Lommel is cited for violation of St. Joseph Code of Ordinances 52.27.5 renting without an Interim Use Permit. [Citation Number 14891 10. On October 29, 2009 St. Joseph Police Department follow -up on August 14 citation visiting the above - referenced address. The property owner is not home at the time of the visit and the Officer confirms that the person answering the door is a tenant. [STJP ICR 098020201 11. On November 10, 2009 St. Joseph Police Department issues a State Citation for violating St. Joseph Code of Ordinances 52.27.5. Mandatory court date was set for November 17, 2009. [ST4999439] Plead not guilty and pre -trial hearing has been set for May 2010. 12. On December 17, 2009 St. Joseph City Offices receives an application for Adam Lommel for an Interim Use Permit. 13. On December 28, 2009 City Offices send notice to Lommel that his application for Interim Use Permit cannot be considered. The governing Ordinance requires all owners reside at the property as their primary residence and the owners may not exceed two in number. The application submitted includes three property owners and only one resides at the aforementioned address. 14. On January 10, 2010 St. Joseph Police Department follows up on rental status and is informed by the City Offices that the property remains out of compliance. St. Joseph Police Department issue a second State Citation with a mandatory court date set for January 26, 2010. [ST4999439] [STJP ICR 10800053) 15. On February 3, 2010 City Offices receives a revised application for an Interim Use Permit for the aforementioned property. Ownership of the property has been deeded to Adam Lommel and Jillian Donabauer. Application is processed and hearing established for March 1, 2010. 6a:17 16. On February 8, 2010 St. Joseph Police Department called to a snow complaint. Tenants from the subject property moved snow from their property to neighboring property blocking mail box. [STJP ICR 10800216] DECISION AND CONCLUSION Based on the Finding of Fact, the St. Joseph Planning Commission recommends approval of the Interim Use Permit with the following conditions: 1. St. Joseph Code of Ordinances 52.27 Subd. 5 provide property owners in a R1 Single Family Zoning district to seek an Interim Use Permit to allow tenants to help defray costs. Said provision requires all owners of the property to reside at the house and limits the number of tenants to three unrelated persons as defined in Ordinance 52.04.31.1. 2. The City has been working with the property owner at 132 — 8a' Avenue SE to bring the property into compliance with the Ordinance. 3. Granting of an Interim Use Permit is a privilege that is granted by the City and reviewed annually for Ordinance Compliance and are therefore issued with contingencies. Based on the history of the property and complaints within the neighborhood of the subject property, the Interim Use is being recommended with the following conditions: a. The property owner will complete the license process with 15 days of Council approval of the Interim Use Permit at which time the property shall be in full compliance with the St. Joseph Code of Ordinances, including the maximum density. b. Within 15 days of Council approval the second property owner, Jillian Donabauer shall complete and submit an affidavit of residency to complete the Interim Use Permit process. c. The property owner will manage the property in compliance with the St. Joseph Code of Ordinances including but not limited to noise and garbage. d. The Interim Use Permit shall expire on August 14, 2010. The Planning Commission will review the Interim Use Permit at their regular meeting in August and if the property continues to operate contrary to the Ordinance, the license shall be revoked. At that time the City will use all legal remedies available including seeking injunctive relief. e. After the initial review of the Interim Use Permit in August 2010 the permit shall be review annually as are all other Interim Use Permits. f. The Interim Use Permit shall expire upon transfer of property. 4. If Lommel does not meet the conditions set forth in paragraph three, the City will revoke the rental license and seek injunctive relief in removing all tenants. 6a:18 Based on the foregoing Finding of Fact and Decision and Conclusion of the St. Joseph Planning Commission, the request for Interim Use is forwarded to the City Council as a recommendation for approval. Passed by Resolution of the St. Joseph Planning Commission on March 1, 2010. CITY OF ST. JOSEPH By Kathleen Kalinowski, Chair By Judy Weyrens, Administrator 6a:19 STATE OF MINNESOTA ) ) ss COUNTY OF STEARNS ) APPLICATION FOR INTERIM USE PERMIT City of St. Joseph 2S College Avenue N PO Box 668 St. Joseph, MN 56374 Phone (320)363 -7201 or Fax (320)363 -0342 Fee $ Paid CITY OF ST. JOSEPH NAME: 4l. AM Lt mp-j- PHONE: I ADDRESS: - 13Z IV' Avg, 5C 54. 5-(v374 I/We, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St. Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with the ordinance requirements.) 1. Application is hereby made for an Interim Use Permit to conduct the following. 1ZGyrh ) ii .� j7er j 2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street address, if any (attach additional sheet if necessary): 137- P—" Avt- SL 5+. - -Tae;* Mti 3. Present zoning of the above described property is: T1 4. Name and address of the present owner of the above described land: I'`'tch" m✓ 1 13Z Out �c SI, .Tut. /Nn . 5. Is the proposed use compatible with the future and present land uses of the area? Please explain: rX Yes (- No 6a:20 6. Will the proposed use depreciate the area in which it is proposed? Please explain: F Yes j No 7. Can the proposed use be accomodated with existing City service without overburdening the system? Please explain: rX Yes r" No 8. Are local streets capable of handling traffic which Is generated by the proposed use? Please explain: Yes r- No wa Attached to this application, and made a part thereof, are other material submission data requirements, as indicated. Applicant Signature: Qi, Applicant Signature: FOR OFFICE USE ONLY Date application submitted: Date application completed: Date: Z Date: Planning Commission Action: r- Recommend Approval r` Recommend Disapproval Date of Action: Council Action: r Approved r Disapproved Date of Action: Date Applicant/Property owner notified of City Council Action: 6a:21 CITY OF ST. JOSEPH 25 College Avenue North, St. Joseph MN 56374 (320) 363 -7201 AFFIDAVIT OF RESIDENCY Applicant Name Ada,n�� Address 32- r= L Zoning XR1, Single Family (' B1, Central Business (' B2, Highway Business Print Form Number of Tenants Z Ownership Copy of deed showing Requirement Requirement 50% r- 100% interest must be attached fulfilled r yes r- No r Wa I Nf— L L/:3,n[% being of legal age, do hereby by attest and affirm the following: 1. My primary esidence is ) 32 T tl five, %)X' and that I am the owner of record of the same. 2. The Interim Use Permit is only valid while said property is your primary residence and you are living at the same. It will be your responsiblity to notify the City of any change of residency. 3. 1 make this Affidavit for no improper purpose. 4. 1 understand that deliberater falsification and /or omission pertaining to this affidavit will in result In revokation of the Interim Use Permit and the City will pursue civil and /or legal action. Signature Date D ........................ ............................... State of MN County of Stearns r On this ✓�. da of � /1 v � - 20� before me '3u.:l� / /x 11% �' a notary public, personally appeared /� G111'1 proved on the basis of satisfactory evidence to be the person(s) whose name (s) is (are) subscribed to this instrument, and acknowledged (he/sheAhey) exectuted the same. Witness my hand and official seal. Notary Signature , "'ki ,1.1, /. l�1J. /IJ. IIJ�' ' 'ill. /_'/. �J_ / 'J -I✓.' /lam 6a:22 GTY OF ST. JOSEPH 25 College Avenue North, St. Joseph MN 56374 (320) 363-7207 AFFIDAVIT OF RESIDENCY Applicant Name Jillian Donabauer Address 132 8th Avenue SE St. Joseph, MN 56374 Zoning (: R1, Single Family (, B1, Central Business ( B2, Highway Business Number of Tenants 2 Ownership Copy of deed showing Requirement Requirement interest must be attached fulfilled r: 50 % r 100% r Yes ('" No r— N/a I, Nck" TbOLL4,V2.-k dieing of legal age, do hereby by attest and affirm the following: 1. My primary residence is 1 -:� d. j5f ANW -- -�k � . )e— and that 1 am the owner of record of the same. 2. The Interim Use Permit is only valid while said property is your primary residence and you are living at the same. It will be your responsibility to notify the City of any change of residency. 3. 1 make this Affidavit for no improper purpose. 4. 1 understand that deliberate falsification and /or omission pertaining to this affidavit will in result in revocation of the Interim Use Permit and the City will pursue civil and /or legal action. Signature (q + Date U ■ a ■ ■ a a ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ State of MN County of Stearns On this �P• dad! of 20 before me ST/l pLV ` �✓! �� a notary public, personally appeared J l I �L ��`Uv U proved on the basis of satisfactory evidence to be the person(s) whose name (s) is (are) subscribed to this instrument, and acknowledged (he /she /they) exectuted the same. Witness my hand and official seal. ao� . ! SARAH BIALKE Notary Signature ��,� ,Grt Gtr", ' (S r • � NOTARY PUBLIC •MINNESOTA My Commission Esp M Jan• 31,2015 6a:23 .j6aA�� CITY OF ST. JOSEPH VVV.6tyof stjoseph.com February 17, 2010 Adam Lommel & Jillian Donabauer Adminiswbor 132 a Avenue SE 14 Vl/emns St. Joseph, MN 56374 Mayor Dear Adam & Jillian: Al Rosier We received the application for Interim Use Permit as submitted by Mr. Lommel. Since then, Councibrs it has been brought to our attention that Ms. Donabauer Is also listed on the deed and will, Steve Ftenk In fact, be living in the home as well. Please submit the enclosed affidavit of residency for Bob loso Ms. Donabauer prior to February 24 to complete the application process. It is important that Renee Symanierz the affidavit be notarized prior to submittal. Dole Vick If you have any questions, feel free to call me at 320 -363 -7201. Slncerely, CITY OF ST. JOSEPH Y&,4, A o' Sarah Bialke Receptionist z5 College Avenue North • PO Box 668 Saint Joseph. Minnesota 56374 Phone 3zo.363.7zol Fax 3zo.363.034z 6a:24 Recorded 'I2ohao Doc # 136 r7ba`! 1101told kA 11q-1 W' MillerAhvi& Company O - Minneapolis, MN - (612) 312.1370 QUIT CLAIM DEED Minnesota Uniform Conveyancing B1"Its Individuals) to Individual(&) (Top 3 inches reserved for recording data) Porn 10.3.1 (206) (27 -M) DEED TAX DUI;: $ 165 DATE: % r qj0 FOR VALUABLE CONSIDERATION, rON" and Amid eiarw 4f som orwlbrj ( "Gratntor ")a hereby conveys and quitclaim& to #MEN" wage glsacb cry , ( "Grantee "), real property in STFARNC County, Minnesota, kgslly described as follows: LOT ONE (1), BLOCK FIVE (S) CLOVERDALE ESTATES 2ND ADDITION, ACCORDING TO THE PLAT AND SURVEY THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR STEARNS COUNTY, MINNESOTA. TOTAL CONSIDERATION OF THIS TRANSACTION IS $300.00 OR LESS. Check bare if all or part of the described real property u Registered (Torrsn$) together with all hereditaments and appurtenances. Check applicable box: The Seller certifies that the Seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. WAaNN/a; UNAUTMeIgrEo COPVWG M TW F MM PROWNTm, 6-1 6a:25 1 11 7 1 / &M-1l \111111 ".. 11.r . / A. Al .l9 ...wn Page 2 Minnesota Uniform Conveyancing Blanks Form 10.3.1 State of , County of STRARNA This instrument was acknowledged before me on 1 by eoai d��J , Wren nme and owifal Siam (irmuo,J (Seal, if any) iLYNME K. EFD NOTARY PUBIZ- I On". Bq. J THIS INSTRUMENT WAS DRAFTED BY: (bean nme and addren) INFORMATION PROVIDED BY: ADAM A LOMMEL HEARTLAND TITLE, LLC 18 SOUTH 1 STH AVENUE ST. CLOUD, MN 5630I (320)253 -8860 b •1 7[In nm MA A (j n rol o�'roerJ Title Rank): My commission expires: dMovdr TAX STATEMENTS FOR THE REAL PROPERTY DESCR ®ED M THIS INSTRUMENT SHOULD BE SENT TO: (nWn nano and ad *= *l Grantee ro NAan tar s�anewonu iAmN bra ,mry ADAM A. LOMMEL 132 8TH AVENUE SE ST. JOSEPH, MN 56374 6a:26 '1 -1 1 1 1 nuu'l f uulin uniii - i n i n7 .7v .11.,., Form 10.3.1 Page 3 STATE OF MINNESOTA) COUNTY OF STEARNS ) OF 1S} S I.,OMEN S WASAgXNOWLEDGED BEFORE ME ON JANUARY 19, 2010, BY TERESA L. LOMMEL, WIFE NOTARY PUBLIC PATRICIA L. FFTER&ON NOTARY PUBLIC- MMOTA My Comm. EXP. Jan. 31, 2015 6a:27 / 7/ 1 A 'AU �� i r i nuu� i .nrvi uu.i ♦ . i n i A7 .'7T ...nn Recorded IIzoizoio Doc* X30`7808 Mubr/Davis Copy n - Minix'" , MN .(612) QUIT CLAIM DiE1Ei? Mitiae�a Uniform Conreyaactg Elanits Individual(s) to Joint Tenants (Top 3 inches reserved for recording data) 1(AOrm onve (2006) (29 -M) DEED TAX DUE: S I fig DATE: �J r I q ID - (aowr�vdpyearl FOR VALUABLE CONSIDERATION, AnAM A t.nM MAt4 A Snarl r PIF Ir r (leant awae w4surd al SWW gJeaeh amrar) ( "Grantor "), hereby conveys and quitclaims to Ommi nowt of *mh Gantry ( "Grantee"). as joint tenants, real property in RTFARNC County, Minnesota, 169911► described as follows: LOT ONE (1), BLOCK FIVE (S) CLOVERDALE ESTATES 2ND AMMON, SURVEY ACCORDING TO THE PLAT AND THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR ST AND COUNTY, MINNESOTA. TOTAL CONSIDERATION OF THIS TRANSACTION IS SS 00.00 OR LE Check here ifa7l or part of the described real property S If Registered (TortenS together with all 11"Witatnents and appurtenances. Check applicable box: R The Seller certifies that the Seller does not know of r any wells on the described real property, A well disclosure certificate accompanies this l,;ak1l document. XAMMEL I am familiar with the property described in this instrument and I certify that the status and number Of wells on the described real property have not changed since the last previously filed well disclosure certificate. 7r IA nu 0""") 6a:28 WARNING: UNAUTMONIZ[0 COWING or Twit RM HIO1401160. e___ . i l l I I !1"IN l l VWJU IOIW hL' L 111 n7 •77 'IIDA Page 2 Minnesota Uniform Conveyancing Blanks >:orm 10.3.3 tote of Minnecnts , County of — STFARMA Instrument was acknowledged before me on ---6uor4 iq mo by (MQXIWd Mg0r) (Seat, if any) LYNEM K. ERICKSON WtMV PUKC-MW1E1SOTA * Caalrl. alp, Jan. 91, 2013 INSTRUMENT WAS DRAFTED BY: 1 name and oddreso TION PROVIDED BY- ADAM A. LOMMEL HEARTLAND TITLE, LLC 18 SOUTH 1 STH AVENUE ST. CLOUD, MN 56301 home and ifew 01 each GroNlor) imtk." (Signele Of malarial Icer) Title (and Rank): My commission expires: Dodd tl� TAX STATEMENTS FOR THE RSAL PROPERTY DESCRIBED IN TIN INS7 UMENT SHOULD 13E SENT 70: ('Wnrl Nash OW Od"s OjOronNe a Iv" 10 $Wtanewe should be mo ADAM A. LOMMEL AND 11LLIAN B. DONABAUER 132 8TH AVENUE SE ST. JOSEPH, MN 56374 WARNING: UNALn"ONIZED COPYING OF YNla FORM PIIONIaITED. 6a :2g i 1a Uln ON 11111 flNH11XVgw MWA nine '» 'UPP DataViewOnline Map Page 1 of l Location Map :;;4 -J 1 J+ 312 -14 4 h1E 822 ;M2 , +;� . 912 3)' - 701 - L'1181J'61!' .. 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This map is a compilation of records, information and data from city, county, state and federal offices, and is to be used for reference purposes only. 6a -Rn https: // portal. sehinc. com /sehsve/html /dvo /mapLayout.htm 2/16/2010 RMS Report * 0 8 8 0 2 3 7 4* Officer Assigned: Johnson Badge Number: 7707 How Recd: Visual Reported By: D See Complainant SJPD Supervisor Approval :. fy TYPE OF OFFENSE (S) — INCIDENT CLASSIFICATION 1. Parking Violation 2. 3. Level of Offense: ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony Level of Offense: ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony Level of Offense: ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony Location of Incident: 132 8th Avenue SE Date Incident Occurred: 112/21/2008 Day of Week Incident Occurred: Sunday Date Reported: 12/21/2008 Time Reported: 10240 1 Time Assigned: 1 Time Arrived: Time Cleared: 0330 ASSISTING OFFICER(S): Assisting Officer(s): PARTICIPANT #1 ❑ COMP ❑ VICTIM ❑ SUSPECT ❑ WITNESS ❑ MENTIONED ❑ JUVENILE ❑M ❑ F Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Street Address: City, State, ZIP: Phone: To Jail: ❑ Yes ❑ No Citation Issued: ❑ Yes ❑ No Citation #: Eyes: Hgt: Wgt: PARTICIPANT #2 ❑ COMP ❑ VICTIM ❑ SUSPECT ❑ WITNESS ❑ MENTIONED ❑ JUVENILE ❑M ❑ F Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Street Address: City, State, ZIP: Phone: To Jail: ❑ Yes ❑ No Citation Issued: ❑ Yes ❑ No Citation #: Eyes: Hgt: Wgt: VEHICLE #1 License Plate Number: SMN295 State of License Plate: MN Year: 2008 Make: Pontiac Model: Grand Am Color of Vehicle: Gray Towed By: All -Care Towing Vin #: 2G2WP552081113531 VEHICLE #2 License Plate Number: State of License Plate: Year: Make: 717el: Color of Vehicle: Towed By: Vin #: NARRATIVE (Make sure to include any property) Observed the above vehicle parked on 8th Avenue SE during a snow Emergency. Had All -Care Towing tow the vehicle for city lows. Signature (when required): (Comp, Parent, Guardian) Related Case Number: Word Document: ❑ Yes ❑ No 6a:31 Incident Report 6a:32 Officer Assigned: Badge Number: How Recd: Supervisor Approval: Magaard 7708 1 Phone * 09800099* Reported By: C1 See complainant Squad: In Squad Video: SJPD % 03 Ed Yes ❑ No 1. 2. 3. Rent without a license Level of Offense: Level of Offense: Level of Offense: ❑ P. Misd- ® Misd. ❑ G. Mlsd. ❑ Felony ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony Location of Incident: Date Incident Occurred: Day of Week Incident Occurred: 132 8th Ave SE 01/21/2009 1 Wednesday Date Reported: Time Reported: Time Assigned: Time Arrived: Time Cleared: SAA 0940 0940 0940 10944 Assisting Officer(s): ;4A _... .„ Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Jackson, Travis Jon 01/30/1988 Cac D304003660707 MN Street Address: City, State, ZIP: Phone: 1805 Red Fox Road Saint Cloud MN 56301 Citation Issued: Citation #: Eyes: Hgt: Wgt: "Jail: ❑ Yes ® No Brn 601 180 Name (Last, First, Middle) Date of Birth: Race: D/L #: Stater Lommel, Adam Alan 05/22/1989 1 Cac 6102036924203 MN Street Address: City, State, ZIP: Phone: 132 8th Ave SE Saint Joseph MN 56374 To Jail: Citation Issued: Citation #: Eyes: Hgt: Wgt: ❑ Yes ® No ❑ Yes ® No Brn 1508 190 License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle; Towed By: Vin #: License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin #: IIAI' ^ r ( lte sure ttaYan'clr;�de aPe ' v' F .6� • y,si,. While driving past the above address I observed several vehicles parked in the driveway and when running the registration I learned that the vehicles were registered to different individuals with addresses outside of St. Joseph. From previous experience this is indicative of rental property. I checked with the city clerk who stated the owner above residence does not have a rental license. See case file for further. 6a:32 ST. JOSEPH POLICE DEPARTMENT Follow -Up Report ICR NUMBER: 09800099 OFFENSE/INCIDENT: Rent without a License LOCATION OF OCCURRENCE: 132 8"' Ave SE REPORTING OFFICER: Magaard, Dan 7708 DATE OF REPORT: On a previous date, I had pulled over TRAVIS JOHN JACKSON, DOB: 01 -30 -1988, for failing to stop at a stop sign and driving with obstructed vision — frost on the windows. In the conversation I had with Jackson, he stated he currently resides at 132 8h Avenue Southeast and pays $300 rent to ADAM ALAN LOMMEL, DOB: 05/22/1989, and pays a portion of the utilities. Jackson stated there were three other individuals living at this house who are also renters. This conversation was recorded on in squad camera, 703. On January 21, 2009,1 went to 132 8s' Avenue Southeast to speak with Lommel, in reference to him using his residence as a rental property. I had spoken with Lommel earlier who stated he did have a couple people living with him, however, they were family members. Today Lommel stated he had a three other individuals living with him and his girlfriend would visit on occasion. Lommel stated the individuals at the residence were Jackson, MICHAEL HERMAN SCHMIDT, DOB: 02/05/1987, and JAMES FREDRICK- JEFFREY OLMSCHEID, DOB: 04/06/1989. Lommel's girlfriend, JILLIAN BETTY DONABAUER, DOB: 04/22/1989, does spend a considerable amount of time at the residence, however, does not live there, nor does she pay rent. When I inquired of Lommel if the,three individuals paid rent, he first stated they "help me out ". I then pressed him on the issue and he did admit that they were paying rent. Lommel stated his father, JAY ALAN LOMMEL, DOB: 06/17/1966, was part owner of the residence. Jay Lommel lives at 3201 Bent Tree Drive, St. Cloud, MN 56301; phone number 250 -7461. My conversation with Lommel was recorded and will be transcribed if necessary. On 02/08/2009, at approximately 1420 hours I spoke by phone to SCOTT JOSEPH AMBROSIER, DOB: 10/27 /1977. Ambrosier stated he was the former owner of the residence at 132 8* Avenue SE and he sold the residence to Jay Lommel. He did say that he was unsure if Adam was also part of the sale and if he is part owner of the property. OFFICER SIGNATURE: DATE: 2. v9 6a:33 - Stearns County Auditor - Treasurer Stearns County Website Page 1 of 2 ,• 11111114161:14 A■ BACKS PROPERTY SEARCH Property Information ,arcel Number 84.53474.0048 'roperty Address 32 8TH AVE SE ST JOSEPH -owner inrormauon Primary Taxpayer/ or SCOTT 'J 8 JENNIFER R AMBROSIER 61218TH ST N SARTELL MN 56377 Escrow Information Escrow Agent: CHASE 396 Payable Year: 2008 Tax Roll Type: Real Estate Jurisdiction: ST JOSEPH CITY School District: 0742 ST CLOUD Legai Description section: 10 Township: 124 Range: 029 at 001 Block: 005 Plat. 84006 CLOVERDALE ESTATES 2ND ADD Real Estate and Personal Property Taxes are determined using the previous year assessment value. Mobile Home Taxes are determined using the current year assessment value. Property Classification: FULL HOMESTEAD RESIDENTIAL -Assessment Year 2007 Payable Year 2008 Est. Market Value - Building $116,800.00 Total Tax $1,572.97 Est Market Value - Land $45,000.00 Special Assessments Est Market Value - Total $161,800.00 SOLID WASTE FEE 2008 $10.00 Taxable Market Total $161,800.00 2007 STREET $1,797.10 IMPROVEMENTS Total $3,380.10 Tax/Asmts Paid To Date $3,380.10 Installments Due Date Due Amount Taxes/Assessments 1st Half 5115/2008 PAID Taxes/Assessments 2nd Half 10/15/2008 PAID 6a:34 http: / /secure.co. steams. mn. us/ TaxBill .aspx?RoIlType= R&ParcelNumber= 84534740048&... 1/28/2009 MSN White Pages - Find People for Free Page I of 2 Charges can V e onag '0 really ADD LJO START SAV1NG'!,*O, 1[ RealEstate I, rWeMher [ii Guides MSN home Hotmall My MSN Sign In white pages YWbw Pages Weise LOOkW AM & Zip Coda I Result matching 'Ambrosler, Sartell, MN". Scott Ambrosier 612 16 St N Ambroslar Sartell, MN 56377 blomi Records (320) 217-9327 EolsnCaJOR -T 17 CrImMol Rowde USMIN h1blic of... Court Records Record. Sid Cimma Atldrau I( 0.6 miles View all addhional nwanis Mr Ambr"er. Pomrod by 11AMUSMARCH O"Na"n ONNOMM GAND i UsUnq daM 2008 1-12111" . . ...... .. ... O&Mnbenwnt 6a:35 http://Msn.whitepages.conVsearchIFindPerson?extra—listing=mixed&form—mode=opt_a&p... 1/28/2009 Incident Report * 0 9 8 0 1 4 0 1 * Officer Assigned: Johnson Badge Number: 17707 How Rec'd: 1 Radio Supervisor Approval: Reported By: U See Complainant Refused I Squad: 704 In Squad Video: ❑ Yes ® No TYPE OF OFFENSE (S) — INCIDENT CLASSIFICATION 1. Loud Party 2. 3 Level of Offense: ❑ P. Misd. ❑ Mlsd. ❑ G. Misd. ❑ Felony Level of Offense: ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony Level of Offense: ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony Location of Incident: 132 8th Avenue SE Date Incident Occurred: 08/01/2009 Day of Week Incident Occurred: 1 Saturday Date Reported: 08/01/2009 Time Reported: 12231 Time Assigned: 2231 12235 Time Arrived: Time Cleared: 1 2243 ASSISTING OFFICERS : Assisting Officer(s): 7703 PARTICIPANT #1 ❑ COMP ❑ VICTIM ® SUSPECT ❑ WITNESS ❑ MENTIONED ❑ JUVENILE ®M O F Name (Last, Rrst, Middle) Jackson, Travis Jon Date of Sit - 01/30/1988 Race: CAC D/L #: D304003660707 State: MN Street Address: 132 8t' Avenue SE City, State, ZIP: St Joseph, MN 56374 Phone: 320.282.2609 To Jail: ❑ Yes ® No Citation Issued: 10 Yes ® No Citation #: Eyes: Brown ": 1600 1180 w9t: PARTICIPANT #2 ❑ COMP ❑ VICTIM ❑ SUSPECT ❑ WITNESS ❑ MENTIONED ❑ JUVENILE ❑M ❑ F Name (Last, First, Middle) Date of Birth; Rase: D/L #: State: Street Address: Qty, State, ZIP: Phone: To Jail: ❑ Yes ❑ w Citation Issued: ❑ Yes ❑ No Citation #• Eyes: Hgt: Wgt: VEHICLE #1 License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin #: VEHICLE #2 License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: Towed By: . Mn #: NARRATIVE (Make sure to include any property) Report of people in the yard and street talking and yelling. Spoke with renter Jackson and told him the party was over. See report in case file. 6a:36 ST. JOSEPH POLICE DEPARTMENT Supplemental Report ICR NUMBER: 09801401 OFFENSE/INCIDENT: Loud Party LOCATION OF OCCURRENCE: 132 8eh Avenue SE St Joseph, MN 56374 REPORTING OFFICER: M. Johnson #7707 DATE OF REPORT: 08102/2009 On August 1', 2009 at approximately 2231 hours, I was dispatched to a loud party at the above address. On arrival, I observed four people standing in the front of the house near the curb. As we pulled up, two of these people ran to the north behind the houses. I had Reserve Officer Pfannenstein stay with the two by the curb and went behind the houses to see if I could locate the two that fled. When beside /behind the house, I did observe there to be cups, cans and bottles scattered in the yard and landscaping. I was unable to locate the persons that fled. I then returned to the front and spoke to TRAVIS JON JACKSON — DOB: 01/3011988, who I identified by his MN drivers license. Jackson told me that he was one of the people that lived at this address. I asked Jackson how many others lived here and he stated "six ..... I mean two of us ". Jackson stated he was just having a get together and didn't realize the problem. I asked Jackson how many underage people were in the house /garage. Jackson told me everyone was of age. I told Jackson that when people run from a house when the police arrive, this tells me that there is a very good probability there is underage drinking happening. Jackson told me to "go catch them then ". Officer Meyer was near the back of the garage where the back walk door was slammed shut upon his arrival. I could hear several voices in the garage as I stood next to it. I again asked Jackson if everyone was 21 years of age or older. Jackson assured me everyone was of age. I then asked Jackson if we could check id's as the party was over. Jackson told me I had no right to go inside or check id's. Jackson had a very negative attitude towards this. I informed Jackson I would pursue a search warrant and then check id's. Jackson had a very negative attitude towards this also, responding to me "whatever". Jackson had several of his partiers come outside onto the front step where we were talking and offer their opinoin. I asked them several times to go back into the house. Jackson told me they had a right to talk. I then escorted Jackson by the shirt sleeve and lead him to the side of the garage so I could talk to him one -on- one. While speaking beside the garage, we received a high priority call and had to respond. I advised Jackson that if we were back anymore this evening, there would be citations issued. On a separate call, I was dispatched to an intoxicated male call. During this call, I learned that the Intoxicated male was going to Jacksons address. I transported him to the residence and found the party was still going, although it seemed much more under control. OFFICER SIGNATURE: �1'lo DATE: A ALCIA 6a:37 Incident Report 6a:38 Complainant stated that she was home on Saturday night. States that the house across the street had a large party. She stated that the garage door was open and could see a number of people inside and they were drinking from a keg. She stated that shortly after she called the police, the garage door was closed. Within a couple minutes, she saw two squad cars pull in. Complainant stated that when she came outside today, she saw red plastic beer cups all over the lawn across the street, broken glass and cups in the street in front of the residence. When complainant walked to the North side of her house, she observed a glass Vodka bottle lying on its side still half full. She observed two red Solo brand plastic cups, chewed gum, and a pair of sandles on a cement slab next to her garage. None of these items belonged to her. When I brought the items across the street, I observed the same Solo brand cups lying in the shrubs and front lawn. I also observed crushed beer cans in the street and broken Michalob golden draft light bottles in the street. There was a truck parked on the street with a red plastic cup still on it. POLICE 0 'M S, H POLIC TMENT AD 1489 ST. jo,.Ipo Driver License Number State Sb*M Address 4 S 21p 1 10,544. -:�e.04 I neig of Birth Eyes HoW Vvewd newer 3 - 000we Do-, t for, () Ddw O Owner Faee " () Opmes () Park ftwwewx"m,l Fine Amount NoW &I-OZ-0 /—/.V— Zuvaniis IVeftle License Plate Number Isla"a I M" .1 Mods' I Color Data of Offense Time :=Lft Q mowd= M"M Firm Anwrit newer 3 - 000we Do-, t for, () Ddw O Owner Faee " () Opmes () Park 0FdhW= Number Fine Amount NoW &I-OZ-0 /—/.V— commim , %%No am=" Der. Sun M T W TH F Set AMIPM Am1mrAm ape 0"afto a Location of offense 0"Irwe Dow"On () Pa. () Opiage () Fork eD"�r= 4e*,O,p 140 ;Zoo-/ Y&Agt� I Fft am W teen UMj Obt*wM A's "ll 1A � ,l NwnbW2- Owes Dl til OVAW 00ww OFWMQM OOPUM 0Fwk ( No ) Sed MU-d oKkw= NUMIM Firm Anwrit newer 3 - 000we Do-, t for, () Ddw O Owner Faee " () Opmes () Park 0FdhW= Number Fine Amount NoW Telephone Number: (M) M-SM /—/.V— b" �Mwftft ;FZ;T �5ffilll" . - PTI AMEMErld 6a:40 Incident Report Officer Assigned: Badge Number: How Recd: Supervisor Approval: Pfannenstein 17702 In Person * 0 9 8 0 1 4 0 7 .* Reported By: See Complainant Squad: In Squad Video: SJPD 1701 1 ® Yes ❑ No 1. 2. 3. Rent W/0 License Level of Offense: Level of Offense: Level of Offense: ❑ P. Misd. ® Misd. ❑ G. Mlsd. ❑ Felony ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony Location of Incident: Date Incident Occurred: -Day of Week Incident Occurred: 132 8th Ave SE 08 -02 -2009 Sunday Date Reported: Time Reported: Time Assigned: Time Arrived: Time Cleared: 08 -02 -2009 1215 1215 1215 1245 R Assisting OfBcer(s): Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Jackson, Travis Jon 01 -30 -88 white D -304- 003 - 660 -707 MN Street Address: Qty, State, ZIP: Phone: 132 8h Ave SE St. Joseph, MN 56374 1320-282-2609 To Jail: Citation Issued: Citation #: Eyes: Hgt: Wgt: ❑ Yes ® No ❑ Yes ® No Brn 1600 180 y Y Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Kirschner, Jordan Ross 01 -06 -87 white Z- 086 - 266- 042 -814 MN Street Address: City, State, ZIP: Phone: 132 8th Ave SE St. Joseph, MN 56374 320 - 320 - 493 -3806 Issued: Citation #: Eyes: Hgt: Wgt: "3all:Citation ❑ Yes ® No Blu 601 210 4" b, tit'«, a'%a ' •` �' s.pq _ :. License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin #: :ut.i � ��a?'�"�he . w•2 sr Te�.�s. -A„ .;� ; .�*.< '"cis r .3 ,. �+`�. �s x , "n: iii License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin #: is _.sg ■� R14a i�; 3 fc�x k may. `ft k: W, tea' �n.�t�'' A.• v FI 77, Y Report of the above three in violation of renting without a license. See Case file. Incident Report 6x:42 Officer Assigned: Badge Number: I How Recd: Supervisor Approval: Pfannenstein 7702 In Person * 0 9 B 0 1 4 0 7 * Reported By: El See Complainant Squad: In Squad Video: SJPD 701 ® Yes ❑ No 3. 1. 2. Rent W/0 License Level of Offense: Level of offense: Level of Offense: ❑ P. Misd. ® Misd. ❑ G. Misd. ❑ Felony ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Jelony ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony Location of Incident: Date Incident Occurred: Day of Week Incident Occurred: 132 8th Ave SE 1 08 -02 -2009 Sunday We Reported: Time Reported: Time Assigned: Time Arrived: Time Cleared: 08 -02 -2009 1215 1215 1215 11245 17 71 Assisting Officer(s): Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Lommel, Adam Alan 05 -22 -89 white B -102- 036- 924 -203 I MN Street Address: City, state, ZIP: Phone: 132 8th Ave SE St. Joseph, MN 56374 320 - 249 -1403 To Sail: Citation Issued: Citation #: Eyes: Hgt: Wgt, ❑ Yes ®No ® Yes ❑ No AD 1489 Bm 1508 190 e Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Street Address: city, State, ZIP: Phone: To Jail: Citation Issued: Citation #: Eyes: Hgt: Wgt: ❑ Yes ❑ No ❑ Yes ❑ No � � :.�' Li 'l N'�, ¢�w .fir' MA wh S✓ E }. � :..: License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin #: License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin #: rr �e�x �= kt ainell ¢Q �n s ' . ,4 4 �.p Report of the above three in violation of renting without a license. See Case file. 6x:42 ST. JOSEPH POLICE DEPARTMENT Investigation Report ICR NUMBER: 09801407 OFFENSE/INCIDENT: Rent without a License LOCATION OF OCCURRENCE: 132 8`h Ave SE SUSPECT: Adam Alan Lommel, DOB: 05/22/1989 ADDRESS: 132 8th Ave SE, St. Joseph, MN 56374 PHONE NUMBER: 320 -249 -1403 DATE REPORTED: 08/02/2009 TIME REPORTED: 1215 hours DATE OCCURRED: See report. TIME OCCURRED: See report. REPORTING OFFICER: Sergeant Pfannenstein, Dwight 7702 ASSISTING OFFICER(S): On August 2, 2009 at approximately 1215 hours, I was on patrol in the city of St. Joseph. Prior to this I had been informed of a complaint at I spoke with a at that residence. stated on August 1, 2009, the residence across the street at 132 8h Avenue Southeast had a large gathering and there were numerous vehicles parked on the street of 8s' Avenue Southeast and Baker Street. stated the noise was excessive, the garage doors were standing open, and people were all over the area. stated she could see into the garage and observed many of the individuals to be drinking from what appeared to be a keg. stated the noise got to the point at which she could not tolerate it anymore and called the Police Department. stated that prior to the arrival of two St. Joseph officers, the party goers closed the garage doors and closed everything up. stated that when she observed the two officers show up, she stated that many of the people were already inside. It was learned by the responding officers, Officer Johnson and Officer Meyer, that two of the people that live there, TRAVIS JON JACKSON, DOB: 01/30/1988 and JORDAN ROSS KIRSCHNER, DOB: 01/06/1987, were having a party and were renting from ADAM ALAN LOMMEL, DOB: 05/22/1989. It was learned that Lommel was not present and was out of town on a fishing trip. The officers attempted to get the party under control, but some of the guests were very confrontational, as was Jackson. stated she went to bed after the officers arrived, but when she got up the next day and went into her yard, she found a flip -flop sandal on her driveway. She stated when she walked around to the north side of her residence, next to her garage, she found the matching sandal, as well as chewed gum, two red plastic Solo brand cups, and a liter of vodka that was laying on its side and some of the contents had drained out. When I tipped the bottle back up, it was at least half full. was very upset that these people would leave this outside when she has kids that play in the yard. sated several of the neighbors that adjoin her property have expressed concern about the amount of partying that is going on at 132 8s' Avenue Southeast. stated many of the neighbors have expressed that they are elderly and do not wish to draw any attention to themselves. stated she has recently moved in within the last two months and is very upset that these people are making her neighbors very uncomfortable. I assured that we were aware of the situation and that I would be handling it. stated if I looked across the street, I would see red Solo plastic cups on the vehicles that were parkeu on the street, as well as broken glass bottles laying next to the curb and gutter, and there was also plastic cups scattered throughout the front yard. I informed that I would go across the street and speak with the residents of the house. I walked over to 132 8a' Avenue Southeast and began writing down license plate numbers of vehicles parked in the yard. While I as doing this, through an open front door, I could hear two male voices having a co er tionQn iAlf of a residence. I set the empty bottle of vodka, two plastic cups, OFFICER SIGNATURE: DATE: � 6a:43 ST. JOSEPH POLICE DEPARTMENT Investigation Report and sandals on the front step, and the males conversation continued. At this time, I rang the doorbell and could hear one of the males inside say "wonder who's here" and heard the other voice respond, "I think it's the cops ". At this time, I heard it get quiet inside and you could hear footsteps walking away from me. I again started to write down license plate numbers and a few seconds later I returned back to the door and rang the doorbell a second time and received no answer. After I had all the license plate numbers written down of the vehicles in the area, I banged on the door, yelled inside, and told them that if someone did not come out, and I was aware that there was more than one person inside, I would start writing citations for garbage. I observed red plastic Solo brand cups in the hostas in front and scattered throughout the yard. There were two broken glass Michelob Golden Draft Light bottles next to the curb and gutter on the street directly in front of the residence, as well as some crushed beer cans on the street. I also observed a red plastic Solo brand cup on the hood of a truck parked in front of the residence. After several threats of writing citations, a male came out of the house. I identified him as Jackson and advised him to bring the other individual outside as well. Jackson returned inside and returned with another male, identified as Kirschner. I asked both if they were renters and they stated they were. I asked Jackson how long he had lived at this residence and he stated it had been over a year. I asked Kirschner how long he had lived at this residence and he stated he moved in within the last month. They stated they paid rent to Lommel. I informed both males that they were in violation of the city ordinance regulating rental licenses. I asked the males where Lommel was, and they stated he was on a fishing trip and was due back in the afternoon. I obtained a cell number for Lommel and advised I would be contacting him and informing him of the violation. Jackson was very confrontational during this conversation. I informed Jackson I was not happy with his demeanor and I was not happy about hearing about his demeanor the night previous with Officer Johnson and Officer Meyer. I informed them that both officers are very easy to get along with and that something had to go wrong for them to be upset with these two. Jackson stated no one else lived there besides the three of them. I informed them that there have been numerous complaints and I had observed more than three cars in the parking lot on many occasions. Jackson stated they have many vehicles to them and they drive different vehicles on numerous occasions. I informed them of the complaints we've had in the past month and explained that their neighbors are very upset with them and that they need to maintain a good neighbor policy. I informed them that they would also be receiving a letter from the City, advising of their rental violation, and that they would have a follow up visit from the Chief of Police. Both individuals stated they understood and I cleared. At approximately 1500 hours, I received a phone call from Lommel, stating he was the owner of the house. I informed Lommel of his renters actions and the offenses that occurred the night before. Lommel was very apologetic and stated he would be in control of the situation. I informed Lommel of the garbage and broken bottle situation and he stated he was already home and made sure everything had been cleaned up. I informed Lommel of the different garbage and clothing found on neighboring property and Lommel apologized. I advised Lommel that he should not be apologizing to me, but to his neighbors, and he stated he would go door to door and speak with his neighbors if that was required. I informed Lommel that he would be receiving some sort of notification from the City regarding the violation he committed, he stated he understood. I also informed Lommel that he would receive a follow up visit from the Chief of Police, and he stated he understood. I informed Lommel that his two renters, Jackson and Kirschner, were not in good standing with the Police Department and they should consider a different attitude when dealing with the Police Department and a little more cooperation. Lommel stated he would have a conversation with them and assured me this would not happen again. OFFICER SIGNATURE: DATE: 02-12 -9^01 6a:44 POLICE ST. JOSEPH POLICE DEPARTMENT 25 College Ave. N. P.O. Box 268 ST. JOSEPH St. Joseph, Minnesota 56374 -0268 (320) 363 -8250 E -mail: sjpd@cityofstjoseph.com August 5, 2009 Mr. Adam Lommel 132 8s' Ave SE St. Joseph, MN 56374 Mr. Lommel, Peter E. Jansky Chief of Police . Enclosed you will find an administrative citation for unpermitted use of an Interim Use Permit. This is in violation of St. Joseph City Ordinance 52.27 sub 5. The fine for this violation is $100.00. This is a civil penalty and is not criminal fine. You must take care of this by August 14, 2009 or a criminal citation will be issued and a court date set As I also explained to you when we spoke on 8 -3 -09, you will need to stop in the city offices and apply for an Interim Use Permit If you do not make application by August 14, 2009, I will be turning this matter over to the St. Joseph City Attorney to start eviction proceedings on the persons you are currently renting to. If you have any questions on the administrative citation or the application for an Interim Use Permit, you may contact me at the number above or Judy Weyrens, St Joseph City Administrator at 320 - 363 -7201. 6a:45 I COMPLAINT State of Minnesota COURT NUMBER 0 Steams County c: DRIVER LICENSEE NUMBER ' T TE ICR NUMBER 8^ Q^ 63o- ;b3 008b9og A 3 COURT NAME NAME-tIRST MIDDLEIMAICiEN LAST m PrdcLK M46 STREET AD DR rc TIME COURT PHONE: AREA CODE CITY ' • TE ZIP omp N (DDB) DATE OF BIRTH EYEq HEIGHT WEIGHT WIASENB.E COUNTY ((;ENDER) O JUVENILE PARENUSUARDIAN 6', S- 8 The `to dd �S). Vftk c ao ft aamoom VEHICLE LICENSE PLATE STATE MAKE MODEL COLOR OFFICEFF BADGE Co D MN A TIME WwAmam LF E D HAZARDOUS D UNSAE tDo ; ; 106 113 ORPROPERTY MATERIAL CONDITIONS D COMMERCIAL VEHICLE MORE) LOCATION M CrJY OF APPLICABLE) COUNTY. MILEPOST 3;z SE DE " COMM NO. COR 13OWNER 0PAR8B18ER DOPERATE DFARR W SEfoRD NANCE I�� ` r EED (OVER LIMIT) 1004 DISOBEYED ZL mph in zone D STOP SIGN 13 SEMAPHCNV OFFENSE DESCRIPTION NO. 200NY lIIQaweEIlDnYdBBIBExOOrEN11E 1PAN 1 0 N0MAI BELT 118E 6a:46 11011 STATUT FJORDINANCE OFFENSE DESCRIPTION NO.3 D DRIER DOWNER 13FAMENM 13OPMTE DPW STATUTEIMINANCE ' COURT NAME •STEARNS COUNTY DISTRICT COURT COURT LOCATION 815 COURTHOUSE SQUARE, ST. CLOUD. MN 56303 RT A TIME COURT PHONE: AREA CODE pm MlrM ea Fmll lel WIASENB.E COUNTY ((;ENDER) O Z p OF RESIDENCE) The `to dd �S). Vftk c ao ft aamoom -Plb 7700' co OFFICEFF BADGE Co D • eneurtv _ 6a:46 111111111111 Jill 1111111 IMMM Magaard *09802020* Reported By: SJPD Assisting Offioer(s): Level of Offense: Level of Offense: ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony 1 ❑ P. Misd. ❑ Misd. ❑ G. Misd. Date Incident Omurred: Day of Week Incident C 10/29/2009 1 Thursday Time Assigned: Time Arrived: Time Cleared 1225 1 1225 11227 Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Kirschner, Jordan Ross 01/06/1987 Cac Z086266042814 MN Street Address: City, State, ZIP: Phone: 132 a Ave SE Saint Joseph MN 56374 To Jail: Citation Issued: Citation #: Eyes: Hgt: Wgt: ❑ Yes ® No ❑ Yes ® No Blu 601 1210'. Name (Last, First, Middle) Mate f Birth: Race: WMM 7D/ State: Lommel, Adam Alan 05/22/1989 Cac 2036924203 MN Street Address: City, Stale, ZIP: Phone: 132 8th Ave SE Saint Joseph MN 56374 To Jail: Citation Issued: Citation #: Eyes: tw: Wgt: ❑ Yes ® No ® Yes ❑ No ST499817 I Brn 1508 190 License Plate Number: State of License Plate: Year: I Make: Model: Color of Vehicle: I Towed BY: I Vin #: License Plate Number: State of Lloense Plate: Year: Color of Vehicle: Towed By: 6a:47 I went to the above address to speak with Lommel about him continuing to rent without a license. When I knocked on the door it was answered by Kirschner. I asked if Lommel was home and was told he was not at the time. I asked Kirschner if he lived at the house and he said he did. I then asked if he was a student in town and he said he was. I then asked if he rented and he said he did. When asked if he paid rent and utilities he said that they don't pay rent, they just help with utilities. When asked who all lived at the house, he said himself, Lommel and one other person. This person is believed to be Travis Jackson. I then checked with the city offices and confirmed Lommel Is the current registered owner of the property and that there is not an active license to rent or conditional use permit issued for the residence at the above address. See case file. 6a:48 ST. JOSEPH POLICE DEPARTMENT Follow -Up Report ICR NUMBER: 09802020 OFFENSEIINCIDENT: Rent without a license LOCATION OF OCCURRENCE: 132 8'h Ave SE REPORTING OFFICER: Magaard, Daniel 7708 DATE OF REPORT: 11/06/2009 During the past several months I had noted several vehicles parked at the above address. Knowing that the owner of the residence, ADAM ALAN LOMMEL, DOB 05/22/1989, had rented out portions of the house in the past, I stopped and spoke with JORDAN ROSS KIRSCHNER, DOB: 01/06/1987, who said that he lived in the house with another person and the homeowner, Lommel. The other renter is believed to be TRAVIS JON JACKSON, DOB: 01/30/1988. Jackson was the individual who was mentioned in a previous case file (09800099). In my conversation with Kirschner I inquired how if he rented and he said he did. I asked if how much he paid rent along with his portion of utilities and he said he didn't pay rent, they just help with utilities and other expenses. Because Lommel was cited administratively by Chief Jansky on an earlier occurrence and continues to rent without a license, I will be issuing a state citation to Lommel for renting without a license in violation of city ordinance 55.05 Sub. 1 (a). A mandatory court date has been set for 11/17/2009. Citation number ST499439. OFFICER SIGNATURE: DATE: -%., < <` 6a:49 - Stearns County Auditor - Treasurer Stearns County Website Page 1 of 2 BACK I PROPERTY SEARCH Property Information 'arcel Number 84.53474.0048 'roperty Address 32 8TH AVE SE ST JOSEPH vwner information Primary TaxpayeNOwner SCOTT J & JENNIFER R AMBROSIER 612 18TH ST N SARTELL MN 56377 escrow infonmstion Escrow Agent: CHASE 396 Payable Year 2008 Tax Rofl Type: Real Estate Jurisdiction: ST JOSEPH CITY School District: 0742 ST CLOUD Legai Description section: 10 Township: 124 Range: 029 at 001 Block: 005 Plat: 84006 CLOVERDALE ESTATES 2ND ADD Real Estate and Personal Property Taxes are determined using the previous year assessment value. Mobile Home Taxes are determined using the current year assessment value. Property Classification: FULL HOMESTEAD RESIDENTIAL -Assessment Year 2007 Payable Year 2008 Est Market Value - Building $116,800.00 Total Tax $1,572.97 Est. Market Value - Land $45,000.00 Special Assessments Est. Market Value - Total $161,800.00 SOLID WASTE FEE 2008 $10.00 Taxable Market Total $161,800.00 2007 STREET $1,797.10 IMPROVEMENTS Total $3,380.10 Tax/Asmts Paid To Date $3,380.10 Installments Taxes/Assessments 1st Half Taxes/Assessments 2nd Half Due Date Due Amount 5/1512008 PAID 10/15/2008 PAID 6a:50 http: / /secure.co. steams. mn. us/ TaxBill .aspx ?RoIlType= R &PareelNumber= 84534740048&... 1/28/2009 I .Ily11.11-1V —. -6.798 Release Date 10170; 2009 D.tat0catimF: t[IY bds', I ,It,- [U[dRyBJIIInOACCOUntScreen CITYOF51.JG$FPN 4Maryl`: ' PQ r a Jai i St #S h y PQ r a POLICE ST. JOSEPH POLICE DEPARTMENT 25 College Ave. N. P.O. Box 268 ST. JOSEPH St. Joseph, Minnesota 56374 -0268 Peter E. Jansky EDUCOVINCO' MOPUM -Weem (320) 363 -8250 Chief of Police E -mail: sjpd@cityofstjoseph.com November 10, 2009 Adam Lommel 132 8" Ave SE St. Joseph, MN, 56374 Adam, Enclosed is citation number ST499817 for renting without a license. A court date has been set for Tuesday, November 17, 2009 at 08:30 AM at the Stearns County Court in St. Cloud. You must appear in court on the date listed near the bottom of the citation. Penalties will be incurred if you do not appear in court. These penalties may include a warrant being issued for your arrest. If you have any questions or concerns regarding this citation, please feel free to contact our office at (320) 363 -8250. Thank you. Regards, O Officer Dan Magaard Encl: ST499817 6a:52 CITY OF ST. JOSEPH VVV.cityof stjoseph.com December 28, 2009 Adam Lommel 3201 Bent Tree Drive St. Cloud MN 56301 Administrator RE: Interim Use Permit Application Imo' Weyrens Dear Mr. Lommel: Mayor I am in receipt of your application for Interim Use Permit. Upon review of the information AI Rassier submitted, the property does not meet the minimum qualifications for consideration of an Interim Use Permit. Councilors Steve Frank St. Joseph Code of Ordinances 52.27 Subd. 5(a) identifies the criteria for Interim Use and Bob Loco states that the owners may not exceed two in number and all owners must reside at the Renee Sytrmonietz property (See attached Ordinance). Based on the warranty deed you provided, the property We Wick is jointly owned by three, of which you are one. Information from the St. Joseph Police Department indicates that you are the only one of the three listed that reside at the property. Based on the following, your application does not meet the minimum criteria for consideration for issuance of an Interim Use Permit: 1. The owners exceed two in number 2. Only one of the owners reside at the aforementioned property Please be advised that the property remains out of compliance with the St. Joseph Code of Ordinances and the St. Joseph Police Department will turn the matter over to the City Attorney for legal remedy. If you have any questions or need additional information please feel free to contact me at 320 -363 -7201 or email iwevrens(Mcitvofstiosech.com. Sincerely, CITY OF ST. JOSEPH 4d� uey refisator cc: Police Chief Peter Jansky City Attorney 6a:53 zs College Avenue North - PO Box 668 - Saint Joseph, Minnesota 66374 Phone 3zo.363.7201 Fax 32o.363.0342 COMPLAINT State of Minnesota COURT NUMBER Steams County x DRIVER LICENSE NUMBER STATE ICR NUMBER o o3G 3 �"" /llpOooS3 .2o E•FIRST MIDDL ID EN LAST m m COURT DATE COURT T1 PHONE: AREA CODE STREET ADDRESS st C fry ZIP CODE 'P+id (GENDER) (JUVENILE COUNTY (DOB) DATE OF BIRTIJ I EYES HEIGHT WEIGHT: SEX AMILE PARENT/GUARDUW AIR IV 770, w C" i OFFI BADGE i m6i oie a VEHICLE LICENSE PLATE STATE MAKE MODEL COLOR O MN I I DATE OF OFFENSE TIME O ENDANGER LIFE O HAS O UNSAFE OR PROPERTY MATERIAL CONDITIONS [ [to (ooV D caaM12% ICLE aORMme) I ne%ATInMJ. f`ITV nF sow r`.ARI P ftnl-IMTtl- MILEPOST 31, per' ,4,0,,- Sg' - Sr. je 5V " 3E DESCRI ON NO. 1 O DRIM SIMM R OPASSENSER ODPERATE DPARK f7 RD SPEED (OVER UMIT)1004 DISOBEYED SS. o s Sk Q In mn. C3 STOP SIGN SEMAPHIM OFFENSE DESCRIPTION NO.2 D WWA OVAS 0 MISSIM0ONUTE ONN I �T � 1103 OFFENSE DESCRIPTION NO.3 O MYR 00WKR OPASSENGER DOPEROE OPARK STATUTEJORDINANCE COURTNAME STEAMS COUNTY DISTRICT COURT COURT LOCATION 815 COURTHOUSE SQUARE, ST. CLOUD, MN 58303 COURT DATE COURT T1 PHONE: AREA CODE 01'30 JMAI m i� (GENDER) (JUVENILE COUNTY Z O eeRRNn1191 OF RESIDENCE) NOTES M F ...� c n The Undersigned being duly swum. depDee i and says Mee Me n V* co VWM did coenrnp Me above often SON). IV 770, w C" i OFFI BADGE i Q7 I S -A P �D, cn AG 6a:54 Incident Resort Name (Last, rirst, Middle) Date of Birth: Race: D/L #: I State: Street Address: City, State, ZIP: Phone: License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin #: I was advised by the City Administrator that Lommel had applied for a conditional use permit that would allow him to rent out rooms in his house located at the above location. The permit was denied because all the homeowners do not reside at the residence. See case file for further. 6a:55 ST. JOSEPH POLICE DEPARTMENT Follow -Up Report ICR NUMBER: 10800053 OFFENSE/INCIDENT: Rent without a license LOCATION OF OCCURRENCE: 132 81h Ave SE REPORTING OFFICER: Magaard, Daniel 7708 DATE OF REPORT: 01113/2010 I was informed by City Administrator Judy Weyrens that ADAM ALAN LOMMEL, DOB: 05/22/1984, submitted an application for a conditional use permit for his residence that would allow him to have renters living in the house with him. On 12/28/2009, Weyrens sent a letter to Lommel (see attached letter) informing him of the decision of the city to not issue a permit. The letter states that more than two owners exceed the number allowed and only one owner lives at the residence. He was also advised in the letter that the property is out of compliance and the matter will be turned over to the Police Department and/or the City Attorney for legal remedy. As of 01/10/2010 the same vehicles were parked at the address which are driven by the individuals who have rented from Lommel in the past. The vehicles are parked at the residence at all times of the day including the very early morning hours on a consistent basis. On 01/10/2010 I issued by U.S. Mail a citation to Lommel for renting without a license in violation of City Ordinance 55.05 sub l (a). A court date has been set for 01/26/2010 at the Stearns County Court Facility building. On 01/13/2010 I was able to speak with Lommel at his residence to inquire if he had a plan in place to come into compliance of the city ordinance prohibiting renting without a license. He stated he did not plan on doing stating it was "in court". I inquired if he had received the letter dated 12/28/2009 advising him of his noncompliance. Lommel said he did not receive anything from the city, and did not believe his attorney had received any notification either. The conversation, which was recorded, then segued into a discourse of the city ordinance and how it hurt the city with myself and Lommel taking opposite sides of the subject. I concluded the meeting by advising him to contact the city and obtain a copy of the letter sent to him by the City Administrator. OFFICER SIGNATURE: t 3 11 DATE. 6a:56 Administwoor Iudr Weyrens Mayor Al Rob Counjon; Steve Fiar►k. Bob Loso Renee Symanieu Dale Wk CITY OF ST. JOSEPH www.cityof stloseph.com December 28, 2009 Adam Lommel 3201 Bent Tree Drive St. CJoud MN 56301 RE: Interim Use Permit Application Dear Mr. Lommel: I am in receipt of your applicatioftfor Interim Use Permit. Upon review of the information submitted, the property does not meet:the-minimLm qualifications for consideration of an Interim Use Permit. St. JoseoCode. of Ordinances 52.27 Subd. 5(a) identifies the criteria for Interim Use and states that the owners may not exceed*two in number and all owners must reside at the property (See attached Ordinance). Based on the warranty deed you provided, the:property is jointly owned by three, of which you are one. information from the St. Joseph Police bepartment Indicates that you are the only one of the'three listed that reside at the property. Based on the following, your application does not meet the minimum criteria for consideration for Issuance of an Interim Use Permit: 1. The owners exceed two in number 2. Only one of the owners reside at the aforementioned property Please be advised that the property remains out of compliance with the St. Joseph Code of Ordinancel and the St. Joseph Police Department will turn the matter over -to the City Attorney for legal remedy. If you have any questions or need' additional information please feel free to contact meat 320 -363 -7202 or email iwevrens0scitvofstioseph.com. Sincerely, CITY OF ST. JOSEPH sr ato Sr e cc: Police Chief Peter Jansky City Attorney if College Avenue North . PO Box 668 Saint Joseph, Minnesoto s6374 Phone 310.36i.72ol Fax 32.o.363,034z 6x:57 e1D DEC 'ov of 5, STATE, OF ONNUOTA, ) )sS COUNTY OFSTEARNS ) Ownw-, WWI APPLICATION FOR INTERIM USE PERMIT City of St. Joseph 25 College Avenue N PO Box 668 SL Joseph, MN 56.374 Phone (320)363-7201 or Fax, (320)963-0342 Fee $ Paid Date Me. the: undersigned, hereby make the Ukrwing application to the City Council and Planning Commission of dw City of St Joseph'stiams Coun% Minnesota. (Applicants have the responsibility of cheddng all applicable ordinances pertaining to their application and complying with the ordnance requirementsj . I - APPOcadon Is hereby made loran Interim Use Permit to conduct the MoWng: t7l, 0 " 1 Le9d dcwfWan Of land to be affected AY 4PP1116096% kickoft acreage or more footage of land ftwohv4 and strain addres& Ifany (attach addNmd shoot ffnecessar yj): . U I AwentzoWnq of the abovgdewj&dpn*"jL IV 4-NOmeaMGd&mOfOwPremtowwof&eabmdesWWkW.- I 13Z ala nVe. x % Tot; J&b.. S. Is the proposed use compatible with the fimn andpresent land user of the arm? Please explain: rx Yes No bo- 6a:58 6. Will the proposed use depreciate the area In which Itis proposed)Please' explain: r Yes 0 No T wO,'1 �o cice.oj,.&5. a"yJK:w5. 7. Can the proposed usebe accomodotedWMh existing QV service without overburdening the system? Meose c plat: Yes C; No WOO 14� 19f, S. Are local streets c'apebk ofhandikV traft iW hlsgerwated bytheproposed use? Please explain: Yes No w�,,. W- !ati G1�r►7� --j 4ry fwd Attadbad to Nibs applfwtbo; owl =do a part dwoof, am adwr nm t wW subndadon data requannn ti6 as lndltat & Applicant:Signature: Date. Applicant 5.gnature: Date: FOR OFFICE USE ONLY applicatlonsubmitted: Date application completed: Commission Action: rj Recommend Approval r, Recommend Disapproval Date of Action: Action: Approved r Disapproved Date of Action: Date Applicant/Property owner notified of City Council Acdon: M 6a:59 WY'OF ST. JOSEPH Print Form 25 College Avenue North, St. Joseph MN 56374 (320) 363 -7201 AFFIDAVIT OF RESIDENCY Applicant Name 9 Address )3z- 8o A* rSE Number of Tema Z Zoning X81, Single Family r B7, Central Business r. B2, Highway Business Ownership Copy of deed showing Requirement Requirement , So % 1- 100% Interest must be attached fulfilled r ye .l- No f- we 1 4W ."4j be ft of 16W ap, do hereby by.attest and affirm the WWwkW. 1• Ally primary esidence it ) Y7, r -4 A46 3Ir and dot I am the owner of rmen offt same. L The Interim Use Pere is only-valid while said property is your primary Miclence and you are I ft at the same. It WM be Your respondbllty to notify the City of any dow of residency. 31 1 make this AfR&vit for no improper purpose. 4. 1 understand that dellbi rater falsilleation and /or orniwion pertainby to this affidavit will In result in revokstion of the hrterhn Use Permit and the City will pursue dull and/or lapl action. Signature Dam Z T 1 ff ■ ■ • . ■ • ■ . • . ■ ■ . • ■ ■ . ■ ■ ■ • ... • ■ • • ■ • a ■ a ■ A • a • • • a ■ • • a • ■ a • ■ ■ • ■ a State of MN County of Steams On this day of 20 before me . a notary publk, personally appeared proved on the basis of satisfactory evidence to be the pemmW whose rmns (s) i; (are) subscribed to this instrument, and acknowledged (he/ she/ they) exectuted thesame. Nlitness my hand and official seal. Notary Signature (SEAL) M 6a:60 City of St. Joseph Required Material Submission interim Use Material Completed applications for Interim Use requests and required fees shall be submitted the City of St. Joseph Zoning Administrator at Ieast:20 days prior to the proposed date of consideration by the City. The twenty days allows the City to review the application, foyward the application to other entities for review as required and notify the public as required. Only completed applications will be accepted. It is the appiicant's responsibility to submit required materials. If an application is determined to be incomplete, notification, which Indicates which portion of the application is Incomplete: will be mailed.to the applicant within 10 days following submission of the application. REQUIREDMATERIALS - The appikant . shall prmAdethe1bilowing: MATERIAL REQUIRED COMPLETE 1, Additional written or. oraphk:data reasonably j—. Yes required by'the Zoning Administrator or Planning Commission as described below., r' AN,appltgtlons nwitiocluda a nawrWiroof the Interim Use reguelL The h>t rler Use application. awn be:aompinted In Its entirety including the reasons as to why the Planning [omndsslon: and City Coumli should:approtre the request. 2 Prof of Ownership - Copy of the recorded deed Yes verifying ownership. No 3. Required Fee. $40000 r; Yes (i No COMMENTS. 6a:61 POLICE ST. JOSEPH POLICE DEPARTMENT 25 College Ave. N. P.O. Box 268 ST. JOSEPH St. Joseph, Minnesota 56374 -0268 muu.ow CV1MCFCLWWww aor. (320) 363 -8250 E-mail: sjpd@cityofstjoseph.com January 11, 2010 Adam Lommel 132 8s' Ave SE St. Joseph, MN 56374 Adam, Peter E. Jansky Chief of Police Enclosed is citation number ST523665 for renting without a license. A court date has been set for Tuesday, January 26, 2010 at 08:30 AM at the Stearns County Court in St. Cloud. You must appear in court on the date listed near the bottom of the citation. Penalties will be incurred if you do not appear in court. These penalties may include a warrant being issued for your arrest. If you have any questions or concerns regarding this citation, please feel free to contact our office at (320) 363 -8250. Thank you. Regards, Officer Dan Magaard Encl: ST523665 6a:62 Incident Report * 1 013 0 0 2 1 6 * Officer Assigned: Pfannenstein Badge Number: 7702 How Recd: Radio Supervisor Approval: 72,0( Reported By: ❑ See Complainant LEC Squad: 705 In Squad Video: ❑ Yes ® No Photos Taken: ❑ Yes ® No TYPE OF OFFENSE(S) — INCIDENT CLASSIFICATION 1. Neighbor Dispute 2. 3. Level of Offense: ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony Level of Offense: ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony Level of Offense: ❑ P. Misd. ❑ Misd. ❑ G. Misd. ❑ Felony Location of Incident: Date Incident Occurred: 02/08/2010 Day of Week Incident Occurred: 1 Monday Date Reported: 02/08/2010 Time Reported: 1851 Time Assigned: 1851 11915 Time Arrived: Time Cleared: 1930 ASSISTING OFFICER(S):, Assisting Officer(s): PARTICIPANT #1 ® COMP ❑ VICTIM ❑ SUSPECT p WITNESS ❑ MENTIONED ❑ JUVENILE ❑M ® F Name (Last, First, Middle) Date of Birth: Race: D/L #: State: l Street Address: City, State, ZIP: Phone: To Jail: Citation Issued: Citation #: Eyes: Hgt: Wgt: ❑ Yes ® No ❑ Yes ®No PARTICIPANT #2 ❑ COMP p VICTIM ❑ SUSPECT p WITNESS ❑ MENTIONED p JUVENILE ❑M ❑ F Name (Last, First, Middle) Date of Birth: Race: D/L #: State: Street Address: City, State, ZIP: Phone: To Jail: ❑ Yes ❑ No Citation Issued: ❑ Yes ❑ No Citation #: Eyes: Hgt: Wgt: VEHICLE #1 License Plate Number: State of License Plate: Year: Make: Model: Color of Vehicle: Towed By: Vin #: VEFIICLE #2 License Plate Number: State of License Plate: Year: Maker Model: Color of Vehicle: Towed By: Vin #: NARRATIVE (flake sure to include r any property) Complainant stated that her neighbor was pushing snow across the street into her yard. She stated that they have an ongoing problem with the kids that are renting the house. I went over and advised the persons involved that this was illegal. 6a:63